ORDER NO. 27329 TEXAS WORN,FDRCE COMMISSION CHILD CARE LOCAL INITIRTIVE AGREEMENT On this the 26th day of November^ 20Q1, upon motion made by Commissioner- Williams, seconded by Commissioner' Griffin, the Court unanimously approved by a vote of 4-0-0, the Texas Wor•kfor•ce Commission Child Care Local Initiative Rgr•eement between Alamo Workforce Development and f:er^r County and authorize County Judge to sign the same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Brenda Chapman OFFICE: Kerr County YMCA Da~Care Sharron Wade Sunshine Inn Day, Care Center MEETING DATE: November 26.2001 SUBJECT: (PLEASE BE SPECIFIC) TIl~IE PREFERRED: 6:45 om Approval and execution of Texas Workforce Commission (TWC) Child Care Local Initiative Agreement #2002000000, Program #08220003 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Brenda Chapman & Sharron Wade 5 - 10 minutes Time for submitting this request for Court to asswe that the matter is posted in accordance with Title 5, Chapter 551 and 552, Govermnent Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has beer prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. TWC Cootract# 2002CCC000 CONTRACT LANGUAGE CHANGE CERTIFICATION Certification I hereby certify that the terms and conditions of this contract and/or any of its attachments have not been altered in any way from the original document e-mailed on 11-13-O1, including change, addition or deletion except as specifically set forth in the space provided below. I further acknowledge that any alteration descn'bed below shall not be binding until expressly approved by the Executive Director of the Texas Workforce Commission or the Executive Director's designee. ~' l ~l~ / Signa Date Fred Henneke Printed or Typed Name Countv Judge Title Kerr County. Texas Company/Organization Changes/Additions/Deletions (Reference the specific location and the nature of any change to the contract terms and conditions as received) ct Page 1 -Signature Section -Kerr County (Contnbutor) Printed Name: changed from Fred Hennecke to Fred Henneke TEXAS WORKFORCE COMMISSION Child Care Local Initiative Agreement Cover Sheet CONTRACT NUMBER 2002000000 PROGRAM NUMBER 08220003 NAME OF CONTRIBUTOR Kerr County CONTRIBUTOR'S ADDRESS Kerr County Courthousq 700 Meiu Street, Kerrville, Texas 78028 TYPE OF ENTITY GOVERNMENT CONTRIBUTOR CONTACT BOARD CONTACT NAME Tommy Tomlinson NAME Emily Ortiz-Wheeler PHONE NUMBER (830) 792-2237 PHONE NUMBER (210) 272-3260 exk 259 FAX NUMBER (830) 792-2218 FAX NUMBER (210) 272-3283 E-MAII.ADDRESS E-MAII,ADDRESS emily.ortizwkeeler@twc.state.tx.us SERVICES TYPE DIRECT CARE CHII,D-CARE SERVICE DELIVERY RELATIONSHIP OTHER (DESCRIBE OTHER) Local County Government PLEDGED LOCAL "MATCH" AMOUNT Y TYPE DONATION TRANSFER CERTIFICATION OF EXPENSE (LOCAL SHARE ONL $49,000.00 CERTIFICATION OF EXPENSE -TOTAL (See Part B, CertiFcation Schedule $123,022.00 The Contributor seeks to expand availability or enhance the quality of child care services by making local funds available (as indicated above). The Contributor agrees to perform under this agreement in compliance with all applicable federal and state laws, regulations, and rules, and in accordance with the provisions of this FY2002 {select correct year) Child Care Local Initiatives Agreement consisting of the following parts: • Ageement Cover Sheet • Part A, General Agreement Terms • Part B, Donation, Transfer or Certification Schedule All are hereby incorporated into this agreement and constitute promised performances by the Contributor and the Board. All parties understand and agree that during this agreement period the federal matching share will be the appropriate Federal Medical Assistance Percentage for Texas. SIGNATURES: The person signing this agreement on behalf of the Contributor or the Board hereby warrants that he or she has been fully authorized by their organization to: • execute this agreement on behalf of his or her organization, and • validly and legally bind his or her organization to all the terms, performances and provisions of this ageement. For the faithful performance of this ageement as delineated, the parties below affix their signatures and bind their agencies for a service delivery period effective October 1, 2001 and continuing through Member 30, 2002 . KERB COUNTY (CONTRIBUTOR) ALAMO WORKFORCE DEVELOPMENT BOARD LWDA #: 20 Signature Printed Nam Fred Henueke Alan D. Miller Title County Judge Executive Director The Texas Workforce Commission accepts this pledge of toads to be used as required "match" for federal foods. Cassie Carlson Reed, Execotive Director Date Child Cate Loral Initiatlve Aareemm[ Pace ] of4 TWC Contract Number: CHILD CARE LOCAL INITIATIVE AGREEMENT PART A, GENERAL AGREEMENT TERMS SECTION 1: Legal Authority The Texas Workforce Commission (the Agency) is the lead agency in Texas for the administration of Child Care and Development Fund monies available under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (42 U.S.C. §9801, et seq.). Federal regulations (45 Code of Federal Regulations 98.53) allow the Agency to accept donations from any entity and transfers or certifications of fund availability from public agencies that maybe used as match for available federal funds. SECTION 2: The CanWbutor, by executing this agreement, certifies that a. I[ is not currently a party to an administrative proceeding pending before the Agency. The parties to this agreement, furthermore, understand and agree that if the Contributor should become a party to an administrative proceeding before the Commission prior to acceptance of this agreement by the Agency, this agreement shall be void. b. The Contributor, if it is a for-profit entity, does not currently: i) have a contractual relationship with the Agency for services or products of a value of 550,000.00 or greater, or ii) have a bid before the Agency for such a contract, except for a contrail or bid which relates solely to providing child care services. c. Upon execution of this agreement, the Contributor shall not enter into a contract with the Agency or submit a bid in response to a request for proposal issued by the Agency before the first anniversary of the date on which the Agency accepted a donation from the Contributor uNess the contract or bid relates only to providing child care services. SECTION 3: The Contributor agrees as follows: a. To keep, and make available to the Boazd, upon request, records adequate to show that the local/state funds put forth in this agreement are eligible for matching purposes. b. That child care services, including the expansion and enlu3ncement of eazly care and learning covered under this agreement are only those provided in accordance with all applicable local, state and federal laws and regulations. Such services covered by this agreement and funded in accordance with Section 4 (a) or (b) below are as follows (insert service description language, including impact statement): Kerr County and the Boazd agree to mutually coordinate service delivery and will develop and follow such local operating plans as are necessary to carry out the terms of this agreement. Kerr County and the Board understand that this agreement is subject to the availability of the Kerr County's funding, and if such funds become unavailable, or if the total amount of funds allocated for this agreement should become depleted during any budget period, then by written notice this agreement will be terminated, or payment will be suspended, or funding will be reduced, as specified in the written notice. Kerr County and the Boazd agree to abide not only to notices from each other but also to notices from TWC as well. The CCMS Contractor agrees to provide such reports of services and expenditures as is deemed necessary by the Board and TWC. Kerr County and the Board agree that the CCMS Contractor shall submit claims for child care to TWC on behalf of Kett County, that Kerr County shall receive reimbursement of the federal share, and that Kerr County shall submit such certification statements as are required by TWC. Kerr County and the Boazd agree that the CCMS Contrailor shall be compensated for operations expenses associated with the management of child care services in the following manner: Kerr County shall pay the CCMS Contractor an amount each month equal to 10% of the amount of claimable child care services. Kerr County shall then be able to claim payment to the CCMS Contrbilor directly to TWC Child Care Local Initiative Agreement Page 2 of 4 7'WC Contract Number: Rev. 9/0I and shall be entitled to reimbursement from TWC of the federal share. Kerr County and the Boazd agree to coordinate enrollment efforts. Kerr County and the Board agree that the types of clients to be served are CCMS eligible clients that are enrolled in the CCMS program. The process for intake will be at the CCMS designated facilities unless otherwise agreed upon by Kerr County and the Boazd. Kerr County and the Boazd agree that enrollment and termination are based on standazd procedures followed by CCMS. Kerr County and the Board agree that coordination of client services is handled by the CCMS client services staff. Kerr County and the Board agree that facility/provider matters are coordinated by CCMS vendor management staff. Kerr County and Board agree brat the CCMS accounting staff will coordinate service and cost reporting provisions. c. To provide the Board with information detailing services and expenditures in the format and within the time frames prescribed by the Boazd. d. To provide the Boazd, upon request, with data needed for federal reporting purposes. e. Submit checks or certify expenditures in the manner and schedule described in Part B, Donation. Transfer or Certification Schedule. Check must be made payable to the Texas Workforce Commission and submitted to the Board. SECTION 4: The Boazd agrees as follows: a. To use the funds donated or transferred by the Contributor, and the resulting federal funds, to purohase child care services, including quality enhancement activities, within the local workforce development area consistent with the intent of this agreement. Any resulting federal funds will be based on the U. S. Department of Health and Human Services, Administration on Children and Families federal matching rate current at the time of the contribution or transfer. b. To ensure expenditures resulting from a certification of expense by the Contributor (if applipble) represents expenditures eligible for Federal match, were not used to match other Federal funds, and were not Federal funds unless authorized by Federal law to be used to match other Federal funds. Any resulting federal funds will be based on the U.S. Department of Health and Human Services, AdadnisVation on Children and Families federal matching rate current at the time the Contributor's expenditures are certified. c. To inform the certification Contributor of the time flames and procedures for certification of expenditures during the funding period. d. To submit monthly expenditure reports to the Agency in accordance with Part B, Donation. Transfer or Certifiption Schedule. e. To submit final reports to the Agency on expenditures and services within 60 days of the earlier of the end of the service delivery period as designated on the cover sheet of this agreement or the termination date of the agreement. f. That child care services covered under this agreement, including the expansion and enhancement of eazly care and learning, are only those provided in accordance with all applicable local, state and federal laws and regulations. SECTION S: The Board and the Contributor agree as follows: a. That performance under this agrcement is contingent upon the final acceptance of this agreement in an open meeting by a majority of the Commissioners, and signature by the Agency's executive director. Cidld Care Local Initiuive Agreemrnt Page 3 of 4 TWC Contract Number. Rev. 9/0I b. That agreed upon local operating plans and procedures, which must be in compliance with Agency policies and procedures, will be used to implement and carry out the terms and intent of this agreement. c. That this agreement is contingent upon the availability of federal child-care and development funds. Tf such fimds are otherwise unavailable or reduced, written notice will be given by any party of termination, payment suspension or funding reduction. d. That in the event that adequate local funds for the purpose set forth in this agreement are not received by the Agency, or certified as expended, in accordance with Part B, Donation. Transfer or Certification Schedule the Agency may terminate this agreement and/or services funded under this arrangement. e. The Contributor is under no obligation to continue iu donation ar transfer of funds in the event that the federal funds generated by this agreement are not used consistent with the terms of this agreement. f. These terms and conditions may be amended by written agreement of all parties at any time prior to the effective end date of the period of service delivery as indicated on the cover sheet of this agreement, contingent upon acceptance of the amended terms and conditions by the Agency. g. If federal, state or local laws or other requirements aze amended or judicially interpreted so as to render continued fulfillment of this agreement, on the part of any of the parries, substantially unreasonable or impossible and if the parties should be unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated herein, the parties shall be dischazged from any further obligations created under the terms of this agreement, except for the equitable settlement of the respective acented interests or obligations incurred up to the dare of termination. h. This agreement may be terminated by Contributor, the Boazd, or the Agency, for any reason, upon written notification to the other parties of a[ least 30 days in advance of such termination. Such written notification will be sent to the Contributor's address reflected on the Child Care Local Initiative Agreement Cover Sheet, to the Boazd at 115 E. Travis, Suite 220, San Antonio, Texas 78205, and to the Agency's Child Care Department, 101 E. 15'" St., Itm. 130T, Austin, TX 78778.0001. Child Caze Local [ndiative Agreemrnt Page 4 of 4 TWC Contract Number: Rev. 9/01 PART B, Donation, Transfer or Certification Schedule 1. Donation/Trat isrer ti.ocu ~ ........................ #; 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 2. Certification of Eapense (Total) # Gertifieafon Petifld= Re ttiia Bate*. Amount .....:..... 1. 10/31/01 10/31/01 $10,252.00 2. 11/30/01 11/30/01 $10,252.00 3. 12/31/01 12/31/01 $10,252.00 4. 1/31/02 1/31/02 $10,252.00 5. 2/28/02 2/28/02 $10,252.00 6. 3/31/02 3/31/02 $10,252.00 7. 4/30/02 4/30/02 $10,252.00 8. 5/31/02 5/31/02 $10,252.00 9. 6/30/02 6/30/02 510,252.00 10. 7/31/02 7/31/02 $10,252.00 11. 8/31/02 8/31/02 $10,252.00 12. 9/30/02 9/30/02 $10,250.00 TOTAL:i $123,022.00 * Explanation (if reporting dates are ontside the Agreement service delivery dates): Child Care Local Initiative Agreemrnt Page S of 4 TWC Contract Number: Rev. 9/01 FY02 COMPUTATION OF LOCAL INITIATIVE FUNDING: Enter data depending on type of agreement ate of Worksheet: For Certification of Expense: a. Enter amount attributed to September in the FFY2001 portion. b. Enter amount attributed to October forward in the FFY02 portion. For Donation or Transfer of Funds: a. Enter amount attributed to September in the FFY2001 portion. b. Enter amount attributed to October fonNard in the FFY02 portion. Agreement Totals appear in charts below. Donation (private entity) Certification or Transfer Agreement - (public entity) - Pubiic Entity - Enter local Enter total funds donated Federal Fiscal Year Match Rate funds certified ortransferred FFY 2D02 Federal 80.17°h 74,022.00 0.00 Local 39.83°k 49,000.00 s! Q:00 Total 100% X23,022.00 0.00 'x;,in..;y::i~:: xx:Y ~~ ia: ~ M'~z::: F:.`. ~.2.::. n,:32,in'~."<~,n~.'.pm£.<.. ~~~:iy,:,'~~,~ x